[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 122 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 122

  To prohibit a State from determining that a ballot submitted by an 
  absent uniformed services voter was improperly or fraudulently cast 
unless the State finds clear and convincing evidence of fraud, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

 Mr. Campbell introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To prohibit a State from determining that a ballot submitted by an 
  absent uniformed services voter was improperly or fraudulently cast 
unless the State finds clear and convincing evidence of fraud, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Armed Services Voting Rights 
Protection Act of 2001''.

SEC. 2. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT UNIFORMED 
              SERVICES VOTERS IN FEDERAL ELECTIONS.

    (a) In General.--Section 102 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
            (1) by striking ``Each State'' and inserting ``(a) In 
        General.--Each State''; and
            (2) by adding at the end the following new subsection:
    ``(b) Standards for Invalidation of Certain Ballots.--
            ``(1) In general.--A State may not refuse to count a ballot 
        submitted in an election for Federal office by an absent 
        uniformed services voter on the grounds that the ballot was 
        improperly or fraudulently cast unless the State finds clear 
        and convincing evidence of fraud in the preparation or casting 
        of the ballot by the voter.
            ``(2) Clear and convincing evidence.--For purposes of this 
        subsection, the lack of a witness signature, address, postmark, 
        or other identifying information may not be considered clear 
        and convincing evidence of fraud (absent any other information 
        or evidence).
            ``(3) No effect on filing deadlines under state law.--
        Nothing in this subsection may be construed to affect the 
        application to ballots submitted by absent uniformed services 
        voters of any ballot submission deadline applicable under State 
        law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to ballots described in section 102(b) of the 
Uniformed and Overseas Citizens Absentee Voting Act (as added by such 
subsection) that are submitted with respect to elections that occur 
after the date of enactment of this Act.

SEC. 3. STUDY AND REPORT BY THE POSTAL SERVICE ON IMPROVING THE 
              SUBMISSION OF ABSENTEE BALLOTS BY ABSENT UNIFORMED 
              SERVICES VOTERS IN ELECTIONS FOR FEDERAL OFFICE.

    (a) Study.--
            (1) In general.--The Postal Service shall conduct a study 
        to determine each reason for which an absentee ballot of an 
        absent uniformed services voter (as defined in paragraph (1) of 
        section 107 of the Uniformed and Overseas Citizens Absentee 
        Voting Act (42 U.S.C. 1973ff-6)) was not counted in the general 
        election for Federal office (as defined in paragraph (3) of 
        such section) held in 2000.
            (2) Consultation.--In conducting the study under this 
        subsection, the Postal Service shall consult with the head of 
        the executive department designated under section 101(a) of the 
        Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
        1973ff), and the Secretaries of Defense, Transportation, 
        Commerce, and Health and Human Services.
    (b) Unpostmarked Ballots.--In conducting the study under subsection 
(a), if the Postal Service finds that a reason for which an absentee 
ballot was not counted is that the ballot was not postmarked, then the 
Postal Service shall--
            (1) determine the reason that the ballot was not 
        postmarked; and
            (2) develop recommendations on ways to ensure that such 
        ballots will be postmarked in the future.
    (c) Report.--Not later than 120 days after the date of enactment of 
this Act, the Postal Service shall submit to Congress a report on the 
study conducted under subsection (a) that contains--
            (1) any reason determined under paragraph (1) of subsection 
        (b) and any recommendations developed under paragraph (2) of 
        such subsection; and
            (2) such recommendations for legislative or administrative 
        action as the Postal Service determines appropriate.
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